Kleinreparaturklausel: When Is It Valid? (2026)
Kleinreparaturklausel: When Is It Valid?
Only the cost of small repairs, and only if all four conditions are met.
As a matter of principle the landlord bears all maintenance costs (§ 535 Abs. 1 S. 2 BGB). Miss one condition and the whole clause is void, and the landlord pays everything, including the €30 repair.
§ 535 Abs. 1 S. 2 BGBIn 60 seconds
A small-repairs clause shifts only the cost, never the duty to repair. Organising the work stays with the landlord.
It may cover only items in the tenant's frequent, direct use: derived from § 28 Abs. 3 S. 2 II. BV: fittings for electricity, water and gas, heating and cooking installations, and window and door fastenings.
It needs a per-item cap (around €100 is robust in the case law) and an annual cap (customarily 6% of the annual gross rent or 8% of the annual net rent). Without the annual cap the whole clause is void (BGH, 07.06.1989 – VIII ZR 91/88).
A clause obliging you to instruct a tradesperson is void, even where individually agreed (BGH, 06.05.1992 – VIII ZR 129/91).
Where a single repair exceeds the per-item cap you pay nothing at all, not the amount up to the cap. There is no proportionate excess.
What the law says
The landlord must hand the property to the tenant in a condition fit for contractual use and keep it in that condition throughout the tenancy. It follows that all maintenance and repair costs are the landlord's. A small-repairs clause shifts only a small, capped part of that, and only where it is correctly drafted. Working translation; the German original is the binding text.
What the clause may cover
| Falls under the clause | Does NOT fall under it |
|---|---|
| Taps, mixers, shower heads | Pipework in the wall |
| Light switches, sockets | The heating system itself |
| Door and window handles | Seals behind tiling |
| Blind straps, shutters | Anything you cannot reach |
The logic: you answer only for the things you use daily and wear out by using. What sits behind the wall or belongs to the building services stays with the landlord.
No law fixes a euro figure for the per-item cap; the numbers come from the case law and rise with rent levels. Around €75 is safely permissible, and individual local courts have upheld higher caps, but that is not something to rely on.
What it means for each side
- Check first whether the clause satisfies all four conditions.
- Report a fault in writing and do not instruct a tradesperson yourself.
- Pay nothing where a single repair exceeds the per-item cap.
- Keep the invoices. Anything paid wrongly can be reclaimed.
- Limit the clause to items in frequent direct use.
- State both a per-item and an annual cap; without both the clause fails.
- Never oblige the tenant to instruct anyone, only to bear the cost.
- Organise the repair yourself even where the tenant pays for it.
Common mistakes
Wrong. Where a single repair exceeds the cap the landlord carries the whole invoice; there is no excess.
Many clauses state only a per-item figure. Without an annual cap as well, the whole clause is void.
A duty to instruct is void. All you have to do is report the fault.
Those never fall under a small-repairs clause, however cheap the repair.
What to do next
Check whether your contract contains a small-repairs clause at all.
Work through the four conditions: subject-matter limit, per-item cap, annual cap, no duty to instruct.
Report faults in writing and do not instruct anyone yourself.
Keep invoices and reclaim anything paid wrongly.
Frequently asked questions
How much can a single Kleinreparatur cost at most?
For an individual repair, a robust benchmark is around €100, sometimes plus VAT. There is no fixed amount in the law; ~€75 is considered safely permissible. In addition, the Mietvertrag must state an annual cap of roughly 6% of the gross annual rent or 8% of the net cold annual rent (Jahresnettokaltmiete).
Do I have to pay if the repair exceeds the per-repair limit?
No. If a single repair exceeds the agreed per-repair limit, the landlord pays the entire bill. There is no proportional deductible. You do not pay the first €100, you pay nothing.
When is a Kleinreparaturklausel void?
It is void if the annual cap is missing, the amounts are too high, you are obliged to carry out the repair yourself, or items you cannot access (pipes, the heating system) are covered. The benchmark is § 307 BGB. If the clause is void, the landlord bears all costs.
Which repairs fall under the clause at all?
Only items exposed to the tenant's frequent direct access (§ 28 Abs. 3 S. 2 II. BV by analogy): taps, mixer fittings, shower heads, light switches, sockets, door and window handles, roller-blind straps. Pipes inside the wall, the heating system, or seals behind tiles are not covered.
Do I have to commission the repair myself?
No. Only the cost can be shifted, not carrying out or commissioning the work. A so-called Vornahmeklausel obliging you to do the repair is void (BGH, 6 May 1992: VIII ZR 129/91), even as an individual agreement. Organising the work remains the landlord's job.
What applies if there is no clause in the Mietvertrag?
Then the default rule of § 535 Abs. 1 S. 2 BGB applies: the landlord must keep the flat in usable condition and bears all repair costs, including small ones.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.